2012 -- H 7304

=======

LC00582

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO EDUCATION - BOARD OF GOVERNORS FOR HIGHER EDUCATION

     Introduced By: Representatives Palumbo, Trillo, Malik, Jacquard, and DeSimone

     Date Introduced: February 01, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of

1-2

Governors for Higher Education" is hereby amended to read as follows:

1-3

     16-59-9. Educational budget and appropriations. -- (a) The general assembly shall

1-4

annually appropriate any sums it deems necessary for support and maintenance of higher

1-5

education in the state and the state controller is authorized and directed to draw his or her orders

1-6

upon the general treasurer for the payment of the appropriations or so much of the sums that are

1-7

necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the

1-8

board of governors for higher education may by rule provide. The board shall receive, review,

1-9

and adjust the budgets of its several subordinate committees and agencies and for the office of

1-10

higher education and present the budget as part of the budget for higher education under the

1-11

requirements of section 35-3-4.

1-12

      (b) The office of higher education and the institutions of public higher education shall

1-13

establish working capital accounts.

1-14

      (c) Any tuition or fee increase schedules in effect for the institutions of public higher

1-15

education shall be received by the board of governors for allocation for the fiscal year for which

1-16

state appropriations are made to the board of governors by the general assembly; provided that no

1-17

further increases may be made by the board of governors for the year for which appropriations are

1-18

made. Except that these provisions shall not apply to the revenues of housing, dining, and other

1-19

auxiliary facilities at the University of Rhode Island, Rhode Island College, and the Community

1-20

Colleges including student fees as described in P.L. 1962, ch. 257 pledged to secure indebtedness

2-1

issued at any time pursuant to P.L. 1962, ch. 257 as amended.

2-2

     (1) Any person who purports to be a resident of this state but who is an undocumented

2-3

alien resident shall not be eligible for in-state tuition and fees at Rhode Island state institutions of

2-4

higher education, including the Community College of Rhode Island, Rhode Island College, and

2-5

the University of Rhode Island. A student who: (i) Is not a United States citizen; (ii) Is not a

2-6

permanent resident of the United States; or (iii) Is neither a student nor an unemancipated student

2-7

whose parents have been granted authorization by the United States Department of Homeland

2-8

Security to remain in the United States in a status that allows him or her to establish a domicile in

2-9

the United States, shall not be eligible to receive such in-state tuition and fees.

2-10

     (2) The fact that a student has attended an approved Rhode Island high school for three

2-11

(3) or more years and continues to live in Rhode Island, and/or has graduated from an approved

2-12

Rhode Island high school or received a high school equivalency diploma from the state of Rhode

2-13

Island, and/or has filed an affidavit indicating an intent to file an application for lawful

2-14

immigration status, shall not be sufficient by itself to establish residency for purposes of in-state

2-15

tuition and fees.

2-16

     (d) All housing, dining, and other auxiliary facilities at all public institutions of higher

2-17

learning shall be self-supporting and no funds shall be appropriated by the general assembly to

2-18

pay operating expenses, including principal and interest on debt services, and overhead expenses

2-19

for the facilities. Any debt service costs on general obligation bonds presented to the voters in

2-20

November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for

2-21

the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be

2-22

subject to this self-supporting requirement in order to provide funds for the building construction

2-23

and rehabilitation program. The institutions of public higher education will establish policies and

2-24

procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including

2-25

that all faculty provide timely and accurate copies of booklist for required textbooks to the public

2-26

higher educational institution's bookstore.

2-27

     (e) The additional costs to achieve self-supporting status shall be by the implementation

2-28

of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,

2-29

operating expenses, principal, and interest on debt services, and overhead expenses.

2-30

     SECTION 2. This act shall take effect upon passage.

=======

LC00582

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - BOARD OF GOVERNORS FOR HIGHER EDUCATION

***

3-1

     This act would provide that persons who cannot show that they are U.S. citizens, or U.S.

3-2

permanent residents, or have not been granted certain status from the United States Department of

3-3

Homeland Security, would not be able to obtain in-state tuition rates and fees at the state

3-4

institutions of higher education.

3-5

     This act would take effect upon passage.

=======

LC00582

=======